Pre & Post Birth Orders
Intended parents who use the services of a gestational carrier must obtain a court order determining legal parentage for the child. The order directs the hospital where the child is born and/or the appropriate state department of vital records to place the intended parents’ names on the birth certificate of the child delivered by the gestational carrier.
If intended parents do not obtain an order, in most cases, one or both intended parents will be required to adopt their child. Also, in the absence of an order, the gestational carrier’s name may be placed on the birth certificate as the parent of the child when born.
The process of obtaining a birth order should begin once a gestational carrier has completed the first trimester of the pregnancy. This is to ensure that there is enough time to obtain a birth order prior to the child’s birth. The law firm has obtained and helped facilitate birth orders in numerous states including, but not limited to, New Jersey, New York, Massachusetts, Pennsylvania, Illinois and Maine.
Melissa first achieved national recognition when she won landmark cases before the Massachusetts Supreme Court and the New York State Supreme Court involving parentage orders. She also won a landmark case in New Jersey involving parentage orders.